[Journal of the House of Representatives, 1994]
[Thursday, February 10, 1994 (9), Para 9.22 Roll No. 24]
[Pages 90-92]
[From the U.S. Government Publishing Office, www.gpo.gov]
Para. 9.22 [Roll No. 24]
AYES--409
Abercrombie
Ackerman
Allard
Andrews (ME)
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bishop
Blackwell
Bliley
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de Lugo (VI)
Deal
DeFazio
DeLauro
DeLay
Dellums
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Faleomavaega (AS)
Farr
Fawell
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Hall (TX)
Hamburg
Hamilton
Hancock
Hansen
Harman
Hayes
Hefley
Hefner
Herger
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Nadler
Natcher
Neal (MA)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Romero-Barcelo (PR)
Ros-Lehtinen
Rose
[[Page 91]]
Rostenkowski
Roukema
Rowland
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Serrano
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Underwood (GU)
Unsoeld
Upton
Valentine
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--1
Kanjorski
NOT VOTING--28
Andrews (TX)
Bilirakis
Boehner
Brooks
Coleman
de la Garza
Dingell
Ewing
Fields (TX)
Gutierrez
Hall (OH)
Hastert
Hastings
Laughlin
Lewis (FL)
Machtley
Michel
Neal (NC)
Ortiz
Owens
Ridge
Roth
Scott
Sharp
Slattery
Towns
Washington
Young (AK)
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. SKAGGS, assumed the Chair.
When Mr. MORAN, Chairman, pursuant to House Resolution 357, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce
Restructuring Act of 1994''.
SEC. 2. VOLUNTARY SEPARATION INCENTIVES.
(a) Definitions.--For the purpose of this section--
(1) the term ``agency'' means an Executive agency (as
defined by section 105 of title 5, United States Code), but
does not include the Department of Defense, the Central
Intelligence Agency, or the General Accounting Office; and
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed
by an agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 12 months; such term includes an
individual employed by a county committee established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)), but does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Government; or
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under the applicable retirement system referred to
in subparagraph (A).
(b) Authority.--
(1) In general.--In order to avoid or minimize the need for
involuntary separations due to a reduction in force,
reorganization, transfer of function, or other similar
action, and subject to paragraph (2), the head of an agency
may pay, or authorize the payment of, voluntary separation
incentive payments to agency employees--
(A) in any component of the agency;
(B) in any occupation;
(C) in any geographic location; or
(D) on the basis of any combination of factors under
subparagraphs (A) through (C).
(2) Condition.--
(A) In general.--In order to receive an incentive payment,
an employee must separate from service with the agency
(whether by retirement or resignation) before January 1,
1995.
(B) Exception.--An employee who does not separate from
service before the date specified in subparagraph (A) shall
be ineligible for an incentive payment under this section
unless--
(i) the agency head determines that, in order to ensure the
performance of the agency's mission, it is necessary to delay
such employee's separation; and
(ii) the employee separates after completing any additional
period of service required (but not later December 31, 1996).
(c) Amount and Treatment of Payments.--A voluntary
separation incentive payment--
(1) shall be paid in a lump sum after the employee's
separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment under
such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(4) shall not be taken into account in determining the
amount of any severance pay to which an employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation; and
(5) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(d) Effect of Subsequent Employment With the Government.--
(1) In general.--An employee who has received a voluntary
separation incentive payment under this section and accepts
employment with the Government of the United States within 5
years after the date of the separation on which the payment
is based shall be required to repay the entire amount of the
incentive payment to the agency that paid the incentive
payment.
(2) Waiver authority.--
(A) Executive agency.--If the employment is with an
Executive agency (as defined in section 105 of title 5,
United States Code), the Director of the Office of Personnel
Management may, at the request of the head of the agency,
waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant
available for the position.
(B) Legislative branch.--If the employment is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(C) Judicial branch.--If the employment is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(3) Definition.--For purposes of paragraph (1) (but not
paragraph (2)), the term ``employment'' includes employment
under a personal services contract with the United States.
(e) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary for the
administration of subsections (a) through (d).
(f) Employees of the Judicial Branch.--The Director of the
Administrative Office of the United States Courts may, by
regulation, establish a program consistent with the program
established by subsections (a) through (d) for individuals
serving in the judicial branch.
SEC. 3. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.
(a) In General.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of
title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 9 percent
of the final basic pay of each employee of the agency--
(1) who retires under section 8336(d)(2) of such title; and
(2) to whom a voluntary separation incentive payment under
section 2 (including under any program established under
section 2(f)) has been paid by such agency based on that
retirement.
(b) Definition.--For the purpose of this section, the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year
of service by such employee, computed using the employee's
final rate of basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment therefor.
(c) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary to carry
out this section.
SEC. 4. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.
(a) Definition.--For purposes of this section, the term
``agency'' means an Executive agency as defined under section
105 of title 5, United States Code, but does not include the
General Accounting Office.
(b) Limitations on Full-Time Equivalent Positions.--The
President, through the Office of Management and Budget (in
consultation with the Office of Personnel Management), shall
ensure that the total number of full-time equivalent
positions in all agencies shall not exceed--
(1) 2,084,600 during fiscal year 1994;
(2) 2,043,300 during fiscal year 1995;
(3) 2,003,300 during fiscal year 1996;
(4) 1,963,300 during fiscal year 1997;
(5) 1,922,300 during fiscal year 1998; and
(6) 1,882,300 during fiscal year 1999.
(c) Monitoring and Notification.--The Office of Management
and Budget, after consultation with the Office of Personnel
Management, shall--
(1) continuously monitor all agencies and make a
determination on the first date of each quarter of each
applicable fiscal year of whether the requirements under
subsection (b) are met; and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If at any time during a fiscal year, the
Office of Management and
[[Page 92]]
Budget notifies the President and the Congress that any
requirement under subsection (b) is not met, no agency may
hire any employee for any position in such agency until the
Office of Management and Budget notifies the President and
the Congress that the total number of full-time equivalent
positions for all agencies equals or is less than the
applicable number required under subsection (b).
(e) Waiver.--
(1) Emergencies.--Any provision of this section may be
waived upon a determination by the President that--
(A) the existence of a state of war or other national
security concern so requires; or
(B) the existence of an extraordinary emergency threatening
life, health, safety, property, or the environment so
requires.
(2) Agency efficiency or critical mission.--
(A) Subsection (d) may be waived, in the case of a
particular position or category of positions in an agency,
upon a determination of the President that the efficiency of
the agency or the performance of a critical agency mission so
requires.
(B) Whenever the President grants a waiver pursuant to
subparagraph (A), the President shall take all necessary
actions to ensure that the overall limitations set forth in
subsection (b) are not exceeded.
(f) Employment Backfill Prevention.--
(1) In general.--The total number of funded employee
positions in all agencies (excluding the Department of
Defense and the Central Intelligence Agency) shall be reduced
by one position for each vacancy created by the separation of
any employee who has received, or is due to receive, a
voluntary separation incentive payment under section 2 (a)-
(e). For purposes of this subsection, positions and vacancies
shall be counted on a full-time-equivalent basis.
(2) Related restriction.--No funds budgeted for and
appropriated by any Act for salaries or expenses of positions
eliminated under this subsection may be used for any purpose
other than authorized separation costs.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SKAGGS, announced that the yeas had it.
Mr. MYERS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
391
<3-line {>
affirmative
Nays
17